Last updated at 5:01 PM. Friday 19 March 2010

Go to comments November 20, 2009

Florida Jury Orders Philip Morris to Pay Sick Ex-Smoker $300m

Los Angeles. A Florida jury on Thursday ordered cigarette maker Philip Morris USA to pay $300 million in damages to a 61-year-old ex-smoker named Cindy Naugle who is wheelchair-bound by emphysema.

The Broward Circuit Court jury assessed $56.6 million in past and future medical expenses against the company, which is part of Altria Group, and $244 million in punitive damages.

Naugle’s lawyer, Robert W. Kelley, said Philip Morris was responsible for all of the punitive damages and for 90 percent of the compensatory ones because the jury found Naugle 10 percent at fault.

Naugle started smoking in 1968 when she was 20 years old because she thought it made her look older, Kelley’s law firm said in a statement.

The verdict is the largest of the so-called Engle progeny cases that have been tried so far, both sides said.

Philip Morris will seek further review of the verdict because of “numerous erroneous rulings by the trial judge,” Philip Morris spokesman Murray Garnick said in a statement.

“We believe that the punitive damages award is grossly excessive and a clear violation of constitutional and state law,” Garnick said.

Naugle’s lawsuit was among about 8,000 cases filed in the wake of a 2006 Florida Supreme Court decision that tossed out a massive class action against the tobacco companies. The case, known as Engle versus RJ Reynolds, resulted in the largest verdict in US history at trial — $145 billion. The Florida high court ruling, which decertified the class of about 700,000 smokers, allowed some to file individual complaints.



Reuters, Bloomberg



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